Riding a motorcycle can be an enjoyable hobby and an easy way to get around. Motorcycle safety does not depend just on the rider. Drivers around them in their vicinity must exercise due care of their own. Specifically, they owe a motorcyclist the duty of care to act reasonably under the circumstances. If the driver has violated this duty, they may owe the motorcyclist substantial compensation to pay for their injuries. If you have suffered an injury in an accident, get legal help from a motorcycle accident lawyer who can help build your case and fight for you to get the compensation you deserve.
Drivers must allow motorcyclists to have their own traffic lanes. A biker has the same rights as any other occupant on the road. At the same time, motorcyclists must follow traffic laws themselves. A motorcycle accident lawyer strives to prove that the driver broke the law and was the cause of the accident.
Here are some laws that drivers must follow on the road. When they violate these laws, it can place a motorcyclist in serious jeopardy. Any motorcyclist with injuries from a motorcycle collision should consult a McLean, VA motorcycle accident attorney as soon as possible about their rights to compensation from the negligent driver.
Drivers Must Yield When Necessary
The motorcyclist can have the right-of-way just the same as any other driver. If there is a red light or stop sign, the driver must yield when the motorcyclist has the right of way. If the driver fails to yield when required, they may be violating the law.
Making Proper Turns
A driver can only make a left turn from the left-hand lane or from a lane that specifically allows a left turn. When making a turn, they must remain in their lane. Unfortunately, drivers often make left turns in a manner that cuts off a motorcyclist. When that happens, the biker may slam into the side of the car that cuts across them. These types of accidents are among the most serious, as they have a very high rate of fatalities.
Avoiding Distractions
Virginia has a hands-free law restricting drivers from holding their devices in their hands when they drive. This law makes it illegal to text while driving with a handheld device. Motorists must also use speakers and earpieces when talking on the phone while driving. Distracted driving is a leading cause of motorcycle accidents. Drivers may already have difficulty seeing bikers because they are not on the same eye level as a driver. The difficulty is compounded when the motorist does not have their eyes on the road.
Making Turn Signals When Changing Lanes
A driver must use their turn signal when making a lane change to signify their intent to other drivers. Motorcyclists must be able to anticipate what drivers may do so they can act accordingly. If a driver has made a lane change without signaling, they have broken the law. Illegal lane changes mean a driver can veer into a motorcyclist’s lane, cutting them off and potentially knocking them off their bike.
Observing the Posted Speed Limit
Drivers cannot travel above the speed limit. Further, they must only travel at a reasonable speed under the circumstances. They may need to go even slower when there is inclement weather or construction. Drivers should ensure they go slow enough to see any nearby motorcyclists and avoid them. The driver must also be able to brake in time to avoid an accident. Speed is a factor in many motorcycle accidents.
You Must Prove Negligence to Obtain Compensation
You need to prove negligence to win a motorcycle case. In a motorcycle accident case, negligence means that the driver did something unreasonable under the circumstances. Breaking any of the laws listed above can be considered negligence. Your motorcycle accident lawyer will gather evidence of the driver’s conduct to prove they were negligent.
Hopefully, a police officer showed up at the accident scene and wrote a report detailing their conclusions. The officer may have issued a citation if they learned that the driver broke the law. While the police report may not be conclusive evidence to prove liability, it can carry some weight when the insurance companies determine who was to blame for the accident.
Negligence Per Se Might Apply to Your Motorcycle Accident Claim
When a motorist has broken the law in the circumstances surrounding the accident, the legal concept of negligence per se may apply. Here, the driver may be negligent because they were breaking the law. For example, if the driver was making an illegal turn and cut in front of the motorcyclist, it can be evidence in itself of negligence. If the driver violated a law without an excuse, they may automatically be considered negligent, and you can proceed directly to discussing compensation for your injuries.
The Insurance Company May Try to Blame the Motorcyclist
You may still have to deal with the insurance company’s hardball tactics. Their favorite trick when motorcyclists are involved in an accident is to blame the biker for what happened. They know they can reduce your compensation or even eliminate it entirely when they can make their allegations against you stick. You need a motorcycle accident attorney to defend you from these allegations, telling your side of the story and pushing back when necessary.
If you prove the driver was at fault for the accident, you may qualify for financial compensation for your injuries. The driver will be legally obligated to pay you for all the harm they caused, including economic and non-economic damages. Their insurance company should pay for your damages up to the amount of the policy limit. Nevertheless, getting money from the insurance company does not come without a fight. You must have a motorcycle accident lawyer to put you in the strongest possible position when dealing with the insurance company.
Consult a McLean, VA, personal injury attorney as soon as possible to learn how you might hold them accountable for your losses. Case evaluations cost nothing and have no risk.